every month, to Major Ig. Szymanski, agent of exchange for this department.

* * * *

By command of General E. Kirby Smith:

S. S. ANDERSON,

Assistant Adjutant-General.

WAR DEPARTMENT, July 5, 1864.

Major General JOHN A. DIX,

Commanding Department of the East, New York:

The following telegram has been transmitted to your counsel, the Honorable Edwards Pierrepont:

Your letter of the 3rd instant reached me this morning and has been submitted to the President, who directs me to say that he approves of the advice which you propose to give General Dix as his counsel and legal adviser, and that in his opinion General Dix, while commanding the Eastern Department, is not subject to arrest for any military act done under express authority of the President.

The President directs me to instruct you not to submit to arrest for any act done by you under his order as military commander of the department.

By order of the President:

EDWIN M. STANTON,

Secretary of War.

H. G. Tibbals, Macon, Ga., late captain, U. S. Army, requests that he may not be detained as a prisoner on the ground that he had been dismissed from the General Army when captured, and was following the army to settle up "company accounts. "*

[Indorsement.]

JULY 5, 1864.

Returned to General Gardner, commanding, &c.

Let this man be held as a prisoner. If he had no connection with the Army of the United States at the time of his capture, and is not the subject of exchange, he will be retained as a citizen prisoner and held as a hostage for the release of the large numbers of the same class of our own people, cruelly and outrageously imprisoned by his Government, until that Government cease their vindictive warfare upon peaceful and non-combative citizens of the Confederate States. This application comes with a very bad grace from a citizen of that Government which inaugurated the cowardly and uncivilized warfare upon "non-combatant" citizens, and whose prisons are now full to overflowing with old men and boys, invalids and confirmed cripples, not even sparing women and children, all non-combatants and peaceful citizens of the Confederate States.

[RO. OULD.]

HEADQUARTERS FLORIDA LIGHT ARTILLERY,
Camp Sumter, July 5, 1864.

Captain W. S. WINDER:

CAPTAIN: In obedience to instructions dated "Camp Sumter, Ga., June 27, 1864," to proceed at once to Cahaba, Ala., and afterward to

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*Tibbals' communication not found.

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